Legislative Council: Thursday, September 28, 2017

Contents

Referendum (One Vote One Value) Bill

Standing Orders Suspension

The Hon. P. MALINAUSKAS (Minister for Health, Minister for Mental Health and Substance Abuse) (15:30): I move:

That standing orders be so far suspended as to enable the introduction forthwith of the Referendum (One Vote One Value) Bill.

Motion carried.

Introduction and First Reading

The Hon. P. MALINAUSKAS (Minister for Health, Minister for Mental Health and Substance Abuse) (15:30): Obtained leave and introduced a bill for an act to provide for the submission of the Constitution (One Vote One Value) Amendment Bill 2017 to a referendum. Read a first time.

Second Reading

The Hon. P. MALINAUSKAS (Minister for Health, Minister for Mental Health and Substance Abuse) (15:31): I move:

That this bill be now read a second time.

The Referendum (One Vote One Value) Bill 2017 (referendum bill) provides for the manner in which a referendum will be held on the Constitution (One Vote One Value) Amendment Bill 2017 (constitution amendment bill). The constitution amendment bill proposes amendments to part 5 of the Constitution Act 1934, which relates to electoral redistribution. Specifically, it proposes to replace section 77 of the Constitution Act and insert a new paramount principle that the Electoral Districts Boundaries Commission must apply when making a distribution. The principle is that the number of electors in each electoral district should (as at the first polling day for which the order is to be effective) be equal.

Section 88 of the Constitution Act entrenches part 5 of the Constitution Act. Having regard to section 88, the constitution amendment bill needs to be approved by electors at a referendum. The referendum bill provides that the referendum will occur on the same day as the next general election of members of the House of Assembly. If the constitution amendment bill is approved by the majority of electors voting at the referendum, the referendum bill will be presented to the Governor for assent.

The referendum will be conducted by the Electoral Commissioner. The referendum bill provides that the Electoral Act 1985 applies to the referendum with such modification, adaptions and exclusions as are prescribed by regulation as if the referendum were a general election of members of the House of Assembly. Accordingly, regulations will need to be prepared to support the referendum bill and modify the Electoral Act 1985 for the purposes of the referendum. I commend the bill to members. I seek leave to have the explanation of clauses inserted into Hansard without my reading it.

Leave granted.

Explanation of Clauses

1—Short title

This clause is formal.

2—The referendum

This clause provides for the Constitution (One Vote One Value) Amendment Bill 2017 to be submitted to a referendum and provides for matters related to the referendum.

3—Conduct of referendum

This clause provides that the Electoral Commissioner is responsible for the conduct of the referendum and provides for the appointment of scrutineers for the purposes of the referendum, the application of the Electoral Act 1985 to the referendum and the declaration of the result of the referendum.

4—Regulations

This clause provides for the making of regulations for the purposes of the measure.

Debate adjourned on motion of Hon. T.J. Stephens.